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Started By
Message
Legal question for our resident lawyers
Posted on 7/10/17 at 6:52 pm
Posted on 7/10/17 at 6:52 pm
If this is the wrong forum, then please accept my apologies (money? OT?)
Anyway...
I bought a smartphone from a guy on Craigslist 5 or 7 months ago
My carrier is Verizon - I called Verizon when I purchased and verified that the phone had a clean IMEI - transfered the phone to my account and used the phone for about a month or so
I wound up switching back to my old phone because the battery life was much better
I put the second hand phone on the shelf to use as a backup
So, my 6 year old poured a bottle of cleaning solution on my phone - the one that is active with my number
So I tried to reactivate my backup phone that I purchased months ago while the other one is getting repaired
Oops - the guy I bought from did not pay his bill
So verizon has my backup phone locked
They won't turn it on for me - they are telling me that if I bought from them, I would not have this problem
I called my lawyer and we are initiating a lawsuit
My thought is, once I check a phone and transfer it to my account, I should not be held hostage to someone else not paying their bill - again verizon had actually activated this phone on my account
I think there may be anti trust issues here
I Know it will cost them more to defend this than it would to clear this phone for my use (I have a legal plan and this will only cost me the court filing fees)
Verizon loses lawsuits with regularity (according to Google)
I understand protecting against stolen phones and scammed but I have been with Verizon for well over a decade and this is just shitty business, so I am moving forward with the lawsuit (crazy, I have never sued anyone before)
Thoughts?
Anyway...
I bought a smartphone from a guy on Craigslist 5 or 7 months ago
My carrier is Verizon - I called Verizon when I purchased and verified that the phone had a clean IMEI - transfered the phone to my account and used the phone for about a month or so
I wound up switching back to my old phone because the battery life was much better
I put the second hand phone on the shelf to use as a backup
So, my 6 year old poured a bottle of cleaning solution on my phone - the one that is active with my number
So I tried to reactivate my backup phone that I purchased months ago while the other one is getting repaired
Oops - the guy I bought from did not pay his bill
So verizon has my backup phone locked
They won't turn it on for me - they are telling me that if I bought from them, I would not have this problem
I called my lawyer and we are initiating a lawsuit
My thought is, once I check a phone and transfer it to my account, I should not be held hostage to someone else not paying their bill - again verizon had actually activated this phone on my account
I think there may be anti trust issues here
I Know it will cost them more to defend this than it would to clear this phone for my use (I have a legal plan and this will only cost me the court filing fees)
Verizon loses lawsuits with regularity (according to Google)
I understand protecting against stolen phones and scammed but I have been with Verizon for well over a decade and this is just shitty business, so I am moving forward with the lawsuit (crazy, I have never sued anyone before)
Thoughts?
Posted on 7/10/17 at 6:54 pm to dcbl
quote:
I called my lawyer and we are initiating a lawsuit
How American of you.
Posted on 7/10/17 at 6:58 pm to dcbl
quote:
I called my lawyer and we are initiating a lawsuit
You're part of what is wrong with this country.
Posted on 7/10/17 at 7:00 pm to dcbl
Why waste the time/energy/money? Just contact the FTC and make a few bad tweets.
Posted on 7/10/17 at 7:01 pm to dcbl
quote:
I called my lawyer and we are initiating a lawsuit
A whole lot cheaper just to buy a new phone. *A lot* cheaper.
Posted on 7/10/17 at 7:02 pm to dcbl
It's not going to cost Verizon a penny to defend. They have in house counsel that will just drive up your costs.
This will cost you a lot more than it should. Just beat your kid and buy a new phone like the rest of us.
This will cost you a lot more than it should. Just beat your kid and buy a new phone like the rest of us.
Posted on 7/10/17 at 7:32 pm to dcbl
Legal question for our resident lawyers
I cannot give you advice because:
1. I do not know where you live but I am going to guess that you are not in D.C., Virginia, or Maryland where I am admitted to practice. So, giving legal advice to someone in a jurisdiction where I am not admitted would be the unauthorized practice of law; and
2. Lawyers do not (or at least, should not) give legal advice to someone already represented by an attorney.
Since you hired an attorney, why not just take his/her advice?
I cannot give you advice because:
1. I do not know where you live but I am going to guess that you are not in D.C., Virginia, or Maryland where I am admitted to practice. So, giving legal advice to someone in a jurisdiction where I am not admitted would be the unauthorized practice of law; and
2. Lawyers do not (or at least, should not) give legal advice to someone already represented by an attorney.
Since you hired an attorney, why not just take his/her advice?
Posted on 7/10/17 at 7:46 pm to dcbl
You're suing over a 75 dollar phone you didnt even want to use?
This is trashy.
This is trashy.
Posted on 7/10/17 at 7:58 pm to dcbl
Aren't you already paying for advice from "your lawyer"?
Posted on 7/10/17 at 8:16 pm to dcbl
quote:
Legal question for our resident lawyers
No means a lawyer, but I'll tell you how this is about to go down based on simple contract comprehension skills.
Seller sold you a device that had its IMEI associated with a debt (presumably with Verizon). Seller sold you that phone for a fraction of what was owed on the phone. You used said device for a season so Verizon recognized that the phone was still in use but maybe homeboy (seller) hadnt let his account go to shite. You happen to deactivate the device so it no longer registers as active on their end at a similar time that this guy stops paying his bills. You try to reactivate a device that you "stole" from Verizon and they say no, that IMEI still owes us money. They are protecting themselves from folks going in and creating accounts just to ditch em and sell new phones for less money.
You're wasting a whole lot of time and energy. Put that thing on EBAY as a locked device and some Asian will buy it and ship it off somewhere.
Posted on 7/10/17 at 8:27 pm to dcbl
quote:
I called my lawyer and we are initiating a lawsuit
Then why are you asking for lawyer advice? Probably not a good idea for a lawyer to give advice to someone that already has retained counsel.
Posted on 7/10/17 at 8:28 pm to dcbl
Normally I'd say you posted on the wrong board but after reading the content of your post I have determined you came to the right place. This board is full of idiots. Welcome.
Posted on 7/10/17 at 8:47 pm to dcbl
My thought is I'd really like to see the responses of at least two self identified attorneys on here.
I could use a laugh.
I could use a laugh.
Posted on 7/10/17 at 8:56 pm to dcbl
Sheesh, just do Small Claims Court over a $75 phone but add in replacement service and phone cost with AT&T or whoever will give you the highest quote.
Small Claims is probably up to $2500 or so anyway (Hell, some states up to $10k). Odds are Verizon fails to show, instant judgement that you can then have your attorney obtain the money from corporate.
Do NOT try to send your attorney to small claims though. YOU attend and win in all likelihood. If your attorney shows up the judge will look unfavorably at your case. (small claims is for regular people not attorneys)
Have service sent to a local Verizon store to serve the notice of Small Claims summons.
Small Claims is probably up to $2500 or so anyway (Hell, some states up to $10k). Odds are Verizon fails to show, instant judgement that you can then have your attorney obtain the money from corporate.
Do NOT try to send your attorney to small claims though. YOU attend and win in all likelihood. If your attorney shows up the judge will look unfavorably at your case. (small claims is for regular people not attorneys)
Have service sent to a local Verizon store to serve the notice of Small Claims summons.
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